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HomeMy WebLinkAboutSD-08-48 - Decision - 0047 Tilley Drive#SD-08-48 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PIZZAGALLI - 3 LOT SUBDIVISION - 47 TILLEY DRIVE FINAL PLAT APPLICATION #SD-08-48 FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereafter referred to as the applicant, is seeking preliminary plat approval to subdivide a 14.54 acre parcel into three (3) lots of 5.73 acres (lot #6), 7.8 acres (lot #7), and 1.01 acres (lot #8), 47 Tilley Drive The Development Review Board held a public hearing on Tuesday, October 7, 2008. Bob Bouchard represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking preliminary plat approval to subdivide a 14.54 acre parcel into three (3) lots of 5.73 acres (lot #6), 7.8 acres (lot #7), and 1.01 acres (lot #8), 47 Tilley Drive 2. The project received preliminary plat approval on August 18, 2008. 3. The owner of record of the subject property is Pizzagalli Properties, LLC. 4. The subject property is located in the Industrial & Open Space (10) Zoning District. 5. The plan submitted is entitled, "Subdivision Plat Mountain View Office Park Tilley 3 Subdivision Tilley Drive and Old Farm Road South Burlington, Vermont", prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 7/7/08, last revised on 9/10/08. - 1 - #SD-08-48 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Lots #1-3 10 Zonin District Required Proposed 4 Min. Lot Size 3 acres 1.01 acres Max. Building Coverage 30% n/a Max. Overall Coverage 50% n/a Min. Front Setback 50 ft. n/a Min. Side Setback 35 ft. n/a Min. Rear Setback 50 ft, n/a zoning compliance 4 waiver requested pursuant to Article 15 of the SBLDR, PUDs The minimum lot size in the Industrial/Open Space District is 3 acres. The applicant is proposing one lot which does not meet this minimum. Minimum lot size requirements may be modified by the Board pursuant to a Planned Unit Development, or PUD. The Board previously discussed this issue and voiced a general consensus to reduce the minimum lot size and permit the 1.01 acre lot. This is reflected in the preliminary plat decision. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. The City of South Burlington Water Department has reviewed the plans for the subject project and most recently stated that they have no formal comments on the plans. They will seek further review of the plans at such time as land development is proposed. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. Although no infrastructure or land development is proposed as part of this application, the Board advises the applicant to obtain preliminary wastewater allocation as part of this approval. Final allocation will be assessed at such time as buildings are proposed; however, given potential shortages in allocation, it behooves the applicant to seek preliminary allocation at this point. -2- #SD-08-48 Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. There are no roadways or buildings proposed as part of this application. At this time, it is merely a subdivision of one larger lot into three smaller lots. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The applicant previously submitted a conceptual site plan which estimates how the buildings and related drives and parking areas will be organized. The applicant theorized two curb cuts from Tilley Drive, both aligned with existing curb cuts to the south. The applicant plans that both curb cuts service all three buildings. The Board was concerned that the western most curb cut is too close to the Tilley Drive/Hinesburg Road intersection and cannot handle the queuing of vehicles that the additional buildings will create and the connection of Tilley Drive to the interstate via the proposed ramp. A third party consultant, Resource Systems Group (RSG) has reviewed the plans and commented on this issue. RSG states that it would be appropriate for "the City to require one access drive placed as far as possible form the adjacent intersections (both existing and planned) in order to maximize and preserve capacity." The previous director of Planning and Zoning, Juli Beth Hinds, submitted a written memo advising the Board to permit the curb cut with conditions which would require future building design and site plan layout to accommodate cross -connections from the west to the east so that traffic could exit at the easternmost curb cut. The Board discussed this issue at preliminary plat review and instated a condition that at such time as the interstate exit is constructed, the access drive located between lots 6 & 8 shall be abandoned in favor of a new access drive to be located as far to the east as possible. The Board notes that the only access to Lot 7 at this time appears to be across a Class III wetland. The applicant has submitted testimony from a wetlands expert which states that the subject wetlands on site do not carry any value in function for storage of flood waters, water quality, or other habitat or education components. Still, the applicant should understand that going forward, the Development Review Board shall have the authority to require alternate means of access to the rear lot across lands other than the 60 feet of frontage along Tilley Drive. No access shall be permitted via Old Farm Road. This road is wholly residential and is not built to accommodate office or industrial uses. Access to the driveway accessing lots 6 and 7 should also provide access to the adjacent lot #2. Under the terms of an existing 5-lot subdivision of lands access via Tilley Drive, the applicant is required to submit a trip generation and traffic analysis including turning movement analysis to be submitted as part of the review of the fourth building. The Board will require that this condition be carried through to include this subdivision, should any of the lots proposed herein be developed prior to the existing lots. -3- #SD-08-48 Resource Systems Group reviewed a traffic analysis prepared by the applicant and provided comments in a memo dated April 15, 2008. RSG explicitly states that the memo was intended for planning purposes only, and that until buildings are proposed with actual uses and square footages, it is difficult to understand detailed impacts. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The plans that the applicant submitted depict Class III wetlands on the subject property. These wetlands extend into the area where the access to the lots will likely be located. The Board will further assess impacts to wetlands as the access drives and buildings are proposed. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. Per section 15.18B of the South Burlington Land Development Regulations, a PUD in the Industrial -Open Space District shall comply with the following standards: 1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. 2) Open space and any buffering shall be located in a manner that minimizes impacts on adjacent residential uses, if any. It is difficult to assess compliance with this criterion as no land development is proposed at this time. The applicant has noted the required 65 foot buffer adjacent to the residential zone. The Board will assess these criteria thoroughly at such time as buildings are proposed on individual lots. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. As previously stated, no buildings or other land development are proposed at this time. The Board will assess this criterion at such time as more detail is provided. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Until such time as the road network and buildings are proposed, there is no need for review by the Fire Department. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. #SD-08-48 The South Burlington Recreation Path Committee has stated that they will review the plans when at such time as buildings are proposed; as with most other items included in this report, it is difficult to properly plan for infrastructure improvements until such time as buildings are proposed. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on Monday March 1, 2004. Until such time as the road network and buildings are proposed, there is no need for review by the City Engineer. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision of this property is in conformance with the South Burlington Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Until such time as the road network and buildings are proposed, it is not possible to assess these criteria. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. No buildings are proposed at this time. This criterion will be assessed as individual buildings are proposed for each lot. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. No buildings are proposed at this time. This criterion will be assessed as individual buildings are proposed for each lot. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. -5- #SD-08-48 Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant should submit architectural details with the site plans for each individual lot. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant should submit architectural details with the site plans for each individual lot. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. At this time, there is no need for any additional access easements with the exception of an access to lot #2 as previously discussed. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans do not show any dumpsters. The site plans for the individual lots should depict proposed dumpsters, adequately screened. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. #SD-08-48 Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans do not snow storage areas for the subject property. However, the proposed public roadway will utilize the public right-of-way for snow storage, so additional snow storage areas are not necessary for the proposed subdivision. However, the Board notes that adequate snow storage areas should be depicted on the site plans for each individual lot. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the Land Development Regulations. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. All of the proposed parking areas on the subject property should be landscaped in accordance with Section 13.06(B) of the Land Development Regulations. The site plans for each individual lot should be revised to incorporate the landscaping provisions outlined in Section 13.06(B) of the Land Development Regulations. Other The survey plat notes that there are several encroachments onto the property from abutting residential properties. The Board notes that these encroachments are not considered or approved as part of this application. The Board strongly advises the applicant to address these with the abutting property owners. DECISION Motion by Gayle Quimby, seconded by Roger Farley to approve Final Plat Application #SD-08-48 of Pizzagalli Properties, LLC, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. At such time as Interstate Exit 12B is constructed to Tilley Drive with a north bound off ramp, the access drive located between lots 6& 8 shall be abandoned in favor of a new access drive to be located as far to the east as possible. This stipulation may be revisited by the applicant at the time that exit 12B is constructed. 4. All future site plans for the three lots created herein shall be designed so as to provide adequate and efficient circulation such that traffic shall most generally be directed away from the Hinesburg Road intersection. 5. Access to the proposed lots shall be via Tilley Drive. No access shall be permitted via Old Farm Road. 6. A trip generation and traffic impact analysis, including turning movement analysis, shall be conducted as part of the review of any building in this development. -7- #SD-08-48 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 9. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Mark Behr — yea/nay/abstain/not present Matthew Birmingham —area/nay/abstain/not present John Dinklage — nay/abstain/not present Roger Farley — oVnay/abstain/not present Eric Knudsen — ��e��7nay/abstain/not present Peter Plumeau — yea/nay/abstain/rfot p"resent Gayle Quimby —nay/abstain/not present Motion carried by a vote of `) U - (� Signed this Z Z% day of 0 C j_' 2008, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy-, finality).